Welcome to gaylemadeira.com!
These terms and conditions outline the rules and regulations for the use of Gayle Madeira’s website, located at gaylemadeira.com, and for the sale of paintings from the website.
By accessing this website we assume you accept these terms and conditions. Do not continue to use gaylemadeira.com if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Shipping is free within the United States and will be expedited as soon as possible after a sale. This usually means anywhere from 1-2 business days to prepare the painting for shipping, then the shipping is usually FedEx Ground. You will be sent the tracking number when the shipment is sent so make sure to include the correct, working email with your order. International shipping will be negotiated via email. Gayle uses a special shipping company with a low rate so shipping will generally be around $50-200 depending on the size of the painting and it is the responsibility of the buyer to pay for shipping internationally.
In the event of damage during shipping, buyers should immediately file a claim with the carrier and also notify Gayle within twenty-four (24) hours of receipt with complete details about the damage.
Payment in full is required before the painting is shipped, whether payment is upfront or pay-over-time with a deposit. The buyer is responsible for timely payments towards the full amount but Gayle is always open to discussing adjusting the payments or taking breaks in paying.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
Product Information and Liability
Gayle has taken great care to go through in-depth study of the best practices for making art as outlined by George O’Hanlon of Natural Pigments. She is using methods that were employed by Old Master painters and have stood the test of time throughout the centuries. Gayle uses artist paint pigments that are made of a variety of heavy metals which may be toxic if ingested. The purchaser assumes all risk and responsibility after acquiring the painting.
The buyer agrees to not hold Gayle responsible for any damage caused to a work of art by actions taken by the buyer which damage the art. The buyer agrees to do the following:
1. Never touch an artwork with your fingers or anything else.
2. Do not try to clean the surface of an oil painting with any substances or objects, even water. If the surface needs to be cleaned, contact Gayle and she will find a good conservator near you to bring the painting, or can arrange to have it shipped to her for cleaning.
3. When moving or shipping oil paintings, always put a layer of glassine on the face of the artwork before wrapping it with anything else. Glassine can be ordered online or found in most major art supply stores. Then the art must be protected on all sides with multiple layers of good quality padding to prevent any bending of the panel or tearing of the canvas.
4. It is not recommended to put oil paintings in an environment that often has a rapid and extreme change of humidity and temperature such as a bathroom.
5. The frames that Gayle orders are from wholesale sources and almost certainly use imitation gold and silver leaf and not real gold and silver leaf, though this has never been verified by Gayle. In accepting these frames, you accept that you take them as they are, and if you find that you don’t like the frame when you have received it, that you will have the painting reframed yourself. In addition, if the frame has any issues at a later date, Gayle Madeira will not be held responsible for the deterioration of the frame.
Unless otherwise stated, gaylemadeira.com and/or its licensors own the intellectual property rights for all material on gaylemadeira.com. All intellectual property rights are reserved. You may access this from gaylemadeira.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
Republish material from gaylemadeira.com
Sell, rent or sub-license material from gaylemadeira.com
Reproduce, duplicate or copy material from gaylemadeira.com
Redistribute content from gaylemadeira.com
This Agreement shall begin on the date hereof.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. gaylemadeira.com does not filter, edit, publish or review comments prior to their presence on the website. Comments do not reflect the views and opinions of gaylemadeira.com, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, gaylemadeira.com shall not be liable for the comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website.
Gayle Madeira reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post comments on our website and have all necessary licenses and consents to do so;
The comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
The comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
The comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
Hyperlinking to our Content
The following organizations may link to our website without prior written approval:
Online directory distributors may link to our website in the same manner as they hyperlink to the websites of other listed businesses; and
System-wide accredited businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
commonly-known consumer and/or business information sources;
dot.com community sites;
associations or other groups representing charities;
online directory distributors;
accounting, law and consulting firms; and
educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of gaylemadeira.com; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to gaylemadeira.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our website as follows:
By use of our corporate name; or
By use of the uniform resource locator being linked to; or
By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of gaylemadeira.com’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our website. You approve to immediately remove all links to our website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.